Kentucky Domain Seizure Update: Oral Arguments Scheduled For October

The Supreme Court of Kentucky has set oral argument in the appeal of the gambling domain name seizure case for Thursday October 22, 2009.

It was just about a year ago, last September 22nd, that the Governor of Kentucky ordered 141 gambling domains to be seized by the commonwealth.

The trial judge upheld the action of the commonwealth last November, however in January, the Kentucky Appeals Court in a 2-1 ruling overturned the domain seizure ruling, saying that the trial court did not have subject matter jurisdiction over the case because “domains are not gambling devices” as prohibited by the Kentucky statute:

“Regardless of our view as the advisability of regulating or criminalizing Internet gambling sites, the General Assembly has not seen fit to amend KRS 528.010(4) so as to bring domain names within the definition of gambling devices. Neither we, nor the Justice Cabinet, are free to add to the statutory definition. If domain names cannot be considered gambling devices, Chapter 528 simply does not give the circuit court jurisdiction over them.”"

On January 22, 2009, the Kentucky Governor Steve Beshear appealed this ruling to the Kentucky Supreme Court, which is now hearing oral arguments on the case, in October.

We will keep you updated.